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Author Topic: Criminal possession of a pencil  (Read 241 times) Share

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The Headliner

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Criminal possession of a pencil
« on: February 11, 2010, 09:02:16 AM »
Quote from: http://news.yahoo.com/s/ap/20100210/ap_on_fe_st/us_odd_pencil_attack
SAUQUOIT, N.Y. – An 11-year-old boy faces assault and weapon charges for trying to stab a classmate with a pencil over a math problem. Police in New Hartford, 80 miles west of Albany, said the boy was mad because a classmate kept trying to help him in math class on Monday. When the would-be helper wouldn't back off, police said the boy lashed out with a sharp pencil and inflicted a scratch treated by the school nurse.

Officer Shane Yoxall, working as a resource officer at the Sauquoit Valley Middle School, investigated. The 11-year-old, whose name wasn't released, was suspended from school and charged with felony attempted assault and misdemeanor criminal possession of a weapon.

He must report to Oneida County probation officials on Feb. 23.

Criminal possession of a weapon? That would be the pencil then, right? The pencil he had to possess in class?

I understand that he eventually used it as a makeshift weapon... but surely that can't retroactively make it a crime to have possessed it in the first place! That screams of heaping on extra charges for the sake of it.
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Illusion

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Re: Criminal possession of a pencil
« Reply #1 on: February 11, 2010, 09:09:43 AM »
They got the police involved over that?  If they did that at my old school there wouldn't be time for the police to do anything else.
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Queen Scoop

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Re: Criminal possession of a pencil
« Reply #2 on: February 11, 2010, 11:36:38 AM »
I'm thinkin' it wasn't considered a weapon til it was used as one..like my high-heel shoe.. if I wear it on my foot, it's a shoe.. if I beat Heady half to death with it, it's considered a weapon... :lol:
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Re: Criminal possession of a pencil
« Reply #3 on: February 11, 2010, 06:11:57 PM »
If the boy is charged with criminal posession of a weapon then surely anyone who owns a pencil should be charged with the same crime.. the crime is the posession of it, and not the "use of it as a weapon" therefore any pencil is a weapon and falls under the crime, yes?
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The Headliner

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Re: Criminal possession of a pencil
« Reply #4 on: February 12, 2010, 05:49:58 AM »
I want to know if he'll still be allowed to possess a pencil when he returns to school. He may have to take some tips from this guy on how to conceal weapons.

(Warning: Don't attempt to read anywhere that a giggling fit will get you funny looks.)
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